EACC recovers Sh47 million stolen from Homabay County Assembly

By Peter Ochieng

The Ethics and Anti-Corruption Commission (EACC) has recovered Sh47,075,978, which had reportedly been stolen from the County Assembly of Homabay.

EACC in a media statement said the funds had been stolen through a fraudulent scheme, allegedly hatched by the then County Assembly Clerk Bob Kephas Otieno, his wife Everlyne Owino Ogutu and Homabay Equity Bank Branch Manager David Obonyo.

"In the fraudulent scheme, the defendants siphoned the amount from the Homabay County Assembly Bank Accounts, and illegally paid themselves without having done anything to the County Assembly that would warrant the payments. There was no work done or any services rendered to the County Assembly, at all," EACC stated.

"The Commission recovered the amount through a civil suit filed at the High Court in Milimani against the following five (5) defendants: Bob Kephas Otieno-fomer Clerk of Homa Bay County Assembly (sued as the 1st Defendant), Everlyne Owino Ogutu-wife of the Clerk (sued as 5th Defendant, Caroline Chepkemoi Sang-Principal Finance Officer, Homa Bay County Assembly (sued as the 2nd Defendant), Maurice Odiwuor Amek- Senior Accounts Controller, Homa Bay County Assembly, (sued as the 3rd defendant), David Obonyo And Lilian Achieng-sued as joint business partners trading as Damila Enterprises Ltd-(4th defendant)."

On Thursday last week, Justice Esther Maina of the High Court in her ruling said that she was satisfied that the defendants corruptly acquired the sum of Sh47,075,978 as claimed by EACC, and ordered them to pay back the entire amount together with interest at court rate of 12 percent from the date of loss.

"EACC moved to court after the defendants failed to comply with the Commission’s demand to surrender the illegal funds to the Commission. In its suit papers, EACC informed the Court that as a result of their fraudulent actions, Homa Bay County Assembly has suffered loss and damage to the tune of Sh47,075,978," added the anti-graft body.

Upon hearing the case, Lady Justice Esther Maina issued several orders, including a declaration that payment of the sum of Sh47,075,978 from the Homa Bay County Assembly account to the defendants for services not rendered was unlawful, fraudulent and illegal.